.bar Registration and Launch Policies

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1 .bar Registration and Launch Policies Contents 1. Registration Policies 2. Acceptable Use Policy 3. Reserved and Restricted Names Policy 4. Launch Plan 5. Sunrise Policies 6. Bar Family Names Sunrise Policy 7. Quiet Period I 8. Landrush 9. Quiet Period II 10. General Availability 11. IP Claims Notification 12. Dispute Policies 13. Sunrise Dispute Resolution Policy 14. Privacy Policy 15. Whois Access Policy 16. Definitions Version 1 Date 18 March

2 .BAR Registration and Launch Policies Revised date: 18 March Registration Policy for TLD.bar TLD.bar is an open, unrestricted Top Level Domain. Any person or legal entity anywhere in the world may register a TLD.bar domain name, and will be subject to the policies herein. Punto 2012 S.A.P.I. de C.V., incorporated in Mexico, is the Registry Operator for the.bar Registry. Please note that the Registry may modify this Policy from time to time in its sole discretion. Any modifications or amendments to this Policy shall be effective upon posting on the.bar Registry website and giving 90 days prior written notice to all.bar accredited Registrars. 1.1 Term. Names may be registered for a period of no less than one (1) year and no more than ten (10) years, commencing on the date on which the Registry accepts the request for registration submitted by the accredited registrar. 1.2 Names registered in.bar must have at least 3 characters and not more than Names registered in.bar may contain the 26 letters of the Latin alphabet, "a-z", the ten digits, "0-9", a hyphen, "-", and a dot,".". The dot is used exclusively to separate labels. The hyphen may not appear at the beginning or end of a label. A label may not contain more than 63 characters and the total number of characters in a name may not exceed 255 (including a final dot that is not normally displayed as a part of the name). 1.4 Two hyphens may appear in the third and fourth positions in a label in a.bar name only in accordance with the policies and procedures for Internationalized Domain Names (IDN) referenced below. 1.5 IDN are supported in.bar TLD. IDNs are subject to specific terms and policies set forth by ICANN and/or Registry. The limitations on the length of individual labels and the total length of a name stated in Section 1.2, above, apply to the encoded form ("Punycode") of a name containing characters from the extended range, as further described in the separate IDN documentation. 1.6 For further information on the Latin IDN tables applicable to.bar please see https://manage.centralnic.com/support/idn_tables/bar/latn. 1.7 Mixed scripts are not permitted. 1.8 Registry reserves the right to implement additional IDNs in.bar. 1.9 Dotless domains are not permitted in the TLD. Dotless domain names are those that consist of a single label (e.g., or Dotless names would require the inclusion of, for example, an A, AAAA, or MX, record in the apex of a TLD zone in the DNS (i.e., the record relates to the TLD-string itself) All names registered in.bar TLD are subject to the.bar Reserved and Restricted Domain Names Policy. 2

3 1.11 Proxy Registrations are permitted in accordance with ICANN policies. 2 Acceptable Use Policy and Takedown Policy 2.1 All.BAR names are subject to this Acceptable Use Policy. Please note that the Registry may modify this Policy from time to time in its sole discretion. Any modifications or amendments to this Policy shall be effective upon 90 days prior notice posting on the.bar Registry website and giving notice to all.bar accredited Registrars. 2.2 The Registry reserves the right to deny, cancel or transfer any registration or service, or place any domain name(s) on registry lock, hold, or other status, as it deems necessary, at its sole discretion and without notice: to protect the integrity, security, and stability of the domain name system; to comply with any applicable court orders, laws, requests or rulings from law enforcement agencies, government agencies, or other organizations, or dispute resolution proceedings; to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees or its service providers; per the terms of the Registration Agreement; to respond to or protect against any form of malware (which includes, without limitation, malicious code or software that may affect the operation of the Internet); to comply with specifications of any industry group or recognized authority on Internet stability (i.e., RFCs); to correct mistakes made by the Registry or any registrar in connection with the domain name registration; or, for the non-payment of any fees owed. 2.3 The following activities are prohibited, and constitute registration abuse which may result in cancelling, suspending, transferring and/or or deleting of the domain name. The Registrant and/or user of domain names in the TLD agrees to the following: a. Not upload, post, , publish, transmit or otherwise make available (collectively, "Transmit") any Content that in the Registry s sole discretion is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. Not harm minors in any way; not abuse children or Transmit child abuse material; c. Not distribute malware; or operate botnets; d. Not engage in phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or other activity contrary to applicable law; 3

4 e. Not impersonate any person or entity, including, but not limited to, an official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. Not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted; e. Not Transmit any Content that the Registrant or user does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. Not Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. Not Transmit any unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," phishing or pharming ; h. Not Transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. Not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. Not interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks; k. Not relay from a third party's mail servers without the permission of that third party. l. Not use "robots" or otherwise harvest other's addresses for purposes of sending unsolicited or unauthorized material; m. Not upload, post, , or transmit the same message, URL, or post multiple times; n. Not intentionally or unintentionally violate any applicable local, state, national or international law, including, any rules of any national or other securities exchange, and any regulations having the force of law; and, o. Not "stalk" or otherwise harass another, or engage in cyber bulling. 2.4 All Registrants must comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations. 4

5 2.5 If a Registrant is collecting and maintaining sensitive health and financial data, then they must comply with applicable laws on the provision of such services and include security measures appropriate to that sector. 2.6 In the event that a Registrant has registered a domain name that infringes the rights of another, the Registry reserves the right in cooperation with the sponsoring Registrar to cancel or transfer such domain name registration, and take further action against the Registrant. 2.9 All.bar domain names are subject to ICANN s policies, including the dispute resolution procedures of UDRP, URS and the rights of trademark holders as enforced by courts of law This AUP is to assist Registrants in the lawful use of.bar domain names and does not exhaustively cover all potential abuses of domain names which may result in the suspension, transfer, cancellation or locking of a domain name under this policy Registrants may not operate third level registries with more than 100 sub-domains, unless it has received express written permission of the Registry If a Registrant would like further information about this policy, please contact 3. Reserved and Restricted Names Policy Reserved and Restricted Names Policy ( Policy ) of.bar 3.1 Please note that the Registry may modify this Policy from time to time in its sole discretion. Any modifications or amendments to this Policy shall be effective upon posting on the.bar Registry website and giving ninety 90 days prior written notice to all.bar accredited Registrars. 3.2 The Registry may reserve (i.e. withhold from registration or allocate to itself), restrict, or block certain domain names from registration ( Reserved List ). The Registry may add or remove domain names from its Reserved List at any time. This Reserved List of domain names shall generally consist of: Names reserved for Registry operations and other purposes, including without limitation, certain premium names retained for use by Registry s strategic partners; names for later release; geographic domains not on the ICANN reserved lists; specific geographic abbreviations; Names Reserved to comply with ICANN requirements such as, but not limited to, Specification 5 of the New gtld Registry Agreement; Registry Names Reserved for the Bar Municipality of Montenegro including but not limited to such names as: opstina.bar, municipality.bar and montenegro.bar; Premium Names for later release by the Registry; 5

6 Names that are temporarily unavailable due to processing delays from Sunrise or Landrush registrations, or for other reasons. 4. LAUNCH PLAN Overview Sunrise end date sunrise with 60 day duration Bar Family Names Sunrise 15 days end date Sunrise Quiet Period 2 days Landrush approximately 30 days Quiet Period (1 business day) General Availability 6

7 5. SUNRISE POLICES 1. Trademark Sunrise Overview Sunrise allows the holder of a trademark that has previously been verified by the officially mandated ICANN Trademark Clearinghouse ( Trademark Holder ) to notify the Registry of its registered trademark, and apply to register the corresponding.bar domain name. During Sunrise only Trademark Holders may apply for a domain name that constitutes an exact match of their mark, in accordance with the ICANN Trademark Clearinghouse ( TMCH ) policy. The Registry will notify the TMCH whenever a valid Sunrise Application is received. The Registry will charge a Sunrise domain name registration fee for registrations of domain names during Sunrise. ( Sunrise Price ). The Trademark Holder is responsible for protecting any domain names which match its trademarks. If a Trademark Holder fails to reserve any domain name during Sunrise, any other party is free to register that domain name during Landrush or General Availability, subject to Registry Policies, the TMCH Claims Service, and applicable laws and regulations. Because some generic terms may be the subject of trademark registration, certain generic names may be withheld from Sunrise availability, in accordance with Registry policy. The Sunrise Dispute Resolution Policy ( SDRP ) describes the process and standards that will be applied to resolve challenges alleging that a domain name has been registered, or has been declined to be registered, in violation of the Registry s Sunrise Policy. This SDRP will not be applied to Registry-reserved names in the TLD. Please note that the Registry may modify this Policy from time to time in its sole discretion. Any modifications or amendments to this Policy shall be effective upon posting on the.bar Registry website and giving 90 days prior written notice to all.bar accredited Registrars. 2 End-Date Sunrise The Registry will operate an End-Date Sunrise process. This means allocation of names occurs at the end of Sunrise. Sole applicants meeting all Sunrise criteria for an available domain will be awarded their applied-for domain. In the event there are multiple eligible applications for the same domain name, all such applicants will be notified of the competing applications, and the post-sunrise auction process. The.Bar Sunrise shall have a duration of at least 60 days. Other than the ICANN requirement to submit a valid Signed Mark Data File ( SMD File ) with Sunrise applications, the Registry does not apply allocation criteria in its Sunrise application process. 3. Fees. 7

8 The Registry requires the payment of a non-refundable Sunrise Application Fee, in addition to the payment of a minimum of one year (1) of non-refundable registration fee. The renewal price for domain names registered during Sunrise will be the General Availability Fee then in effect. 4. Sunrise Auctions Sunrise Auction. If there are multiple Trademark Holders with rights to the same term which all apply for a given, available domain, those applicants may participate in a post-sunrise auction at the end of Sunrise. The auction will be conducted by the Registry s third party auction provider. However parties are not obligated to participate in an auction; they may chose to withdraw their Sunrise application or privately resolve their conflicting applications. The starting bid for an auction is the Sunrise Registration Fee plus $1 USD with bid increments escalating during the auction. The auction winner will be awarded the domain provided that the auction winner pays the winning auction bid. Auction Rules: For Full Auction rules see: The results of any auction shall be deemed final and binding upon parties. 5. The TMCH & Trademark Validation The Trademark Clearinghouse ( TMCH ) is responsible for maintaining Sunrise eligibility requirements, validating and authenticating marks (as applicable), and hearing challenges regarding validity of a mark or SMD File. When processing Sunrise applications, the Registry relies on the validity of mark holder information contained in SMD Files provided by the TMCH. Disputes regarding the validity of an SMD File are subject to a separate TMCH dispute process and should be submitted to the TMCH using its dispute resolution procedures outlined at prior to initiation of a complaint under the SDRP. In the event the TMCH reports fraud in a SMD File or a Sunrise application, the Registry may disqualify the Sunrise application or, in the event that fraud is detected after the Sunrise period, suspend, transfer, reserve and/or delete the applicable domain(s). The Registry reserves the right to put on hold any domain name pending final dispute resolution. Sunrise and Name Collision Mitigation.bar was found to be eligible for the Alternative Path to Delegation in accordance with ICANN s New gtld Name Collision Occurrence Management Plan. In order to comply with name collision mitigation as mandated by ICANN,.bar must block a list of domain names and not release or allow the registration until or unless ICANN permits the Registry otherwise. Sunrise applicants may apply for any domain name on the blocked list and if an applicant applies for such a name, that name will 8

9 be reserved or allocated to the Sunrise eligible applicant, pending determination by ICANN if these names should be released for registration and use. The link to the blocked list can be found here: 9

10 6. Bar Family Names Sunrise Policy Sanrajz period za registraciju prezimena na.bar domenima 6.1 The purpose of this Sunrise is to allow resident Bar people to register their surnames under the.bar TLD prior to general availability. This is called the Bar Family Names Sunrise or locally the Sanrajz period za registraciju prezimena na.bar domenima. This Sunrise is restricted to applicants meeting the strict application and eligibility requirements set forth in this Policy. Please note that the Registry may modify this Policy from time to time in its sole discretion. Any modifications or amendments to this Policy shall be effective upon posting on the.bar Registry website and giving 90 days prior written notice to all.bar accredited Registrars. 6.2 Time: This Bar Family Names Sunrise shall be an end date Sunrise of duration limited to 15 days. There will be no allocation of names until after the end of the Trademark Sunrise Period. 6.3 All Bar Family Names Sunrise applications are subject to Bar Family Names Sunrise eligibility criteria as follows:. A. The Applicant must apply with proof of Montenegrin National Identification Card (photocopy permitted, but Registry reserves the right to ask for originals) ( ID ) AND B. Proof of residency in the Bar Municipality which may be one of the following: utility bill, telephone bill, water, bank statement, or credit card bill which shows the name from A and an address in the Bar Municipality. (photocopies permitted, but the Registry reserves the right to ask for original document) ( Proof of residency ) 6.4 All Bar Family Names Sunrise applications are also subject to the following terms: 1) All Bar Family Names Sunrise Applications are subject to all Trademark Sunrise allocations and the Claims Notification. 2) Applicants must be aged 18 or over. 3) Applicants must provide eligibility criteria of ID and Proof of Residency. The Registry reserves the right to demand to see original ID and original Proof of Residency to be produced in Bar, Montenegro to its local agent. 4) Applicants must complete the application form found at the.bar website(s). 5) Applicants must create an account with the Sunrise Registrar Website(s). 6) The Applicant must agree to being contacted for verification of address by telephone to check the whois accuracy if accepted as a registrant. 7) Pay the Sunrise Fees including the non-refundable Application fee. 8) The applied for domain name must match name shown on the ID. 9) Applications must be submitted within the Family Names Sunrise Period deadline. 10) Applicants are required to request their domain in the Latin Alphabet (ASCII). 11) Domain name may be either or all of the following: a. Exact match of the surname 10

11 b. First name and surname eg JohnSmith; or c. First initial and surname eg Jsmith 12) Each domain name Registrant must pay all the applicable fees. 6.5 FEES The Registry requires the payment of a non-refundable Bar Family Names Sunrise Application Fee, in addition to the payment of a minimum of one year (1) of registration fee. The renewal price for domain names registered during Sunrise will be the General Availability Fee then in effect. 6.6 CLOSED BID TENDER In the event there are multiple applications for the same family name, the Registry shall allow the parties the opportunity to place sealed bids in an auction to determine which party shall be the winning applicant. If there are found to be more than one application for the same name, the applicants will be notified. The Registry will request sealed bids. The applicants will be given 1 week to submit their best and final offer for the domain name, or withdraw their application. The highest bidder will be awarded the domain name subject to making the full payment of the winning bid. During the period of resolution of contending applications, the domain names will be reserved by the Registry. If none of the contending applicants makes a bid, then the name may be released in Landrush or General Availability. 6.7 Dispute Procedure Applicable to the Bar Family Names Sunrise Initiating a Dispute and Internal Review Prior to initiating a dispute under this Policy, potential complainants must submit complaints first to the Registry at: As a first step the Registry shall attempt to resolve the issue internally without charge. In particular, in the case that the matter is more appropriately dealt with by the Sunrise Registrar, it will advise the potential complainant accordingly. If the complaint relates to a registry process error affecting the applicable domain(s), the Registry will investigate and if upheld seek to resolve such errors internally without charge. In the event the Registry is unable to resolve the dispute, it will notify the potential complainant to submit its complaint for resolution to Advisory Committee of the Bar Registry. The Registry reserves the right to refer the matter to arbitration or mediation process in Montenegro. Any claim or dispute not made to the Registry within ten (10) days of the end of Bar Family Names Sunrise will be time barred from consideration by the Registry. 11

12 7. Quiet Period I Following the end of the Bar Family Sunrise there will be at least one (1) business day before the commencement of the next phase -- Landrush. 8. Landrush Policy 8.1 Landrush Overview Landrush is a limited-time opportunity for those who don t qualify for Sunrise but want to secure a valuable.bar domain name and avoid first come, first served General Availability. Landrush is open to the general public and there are no qualification requirements to apply for.bar domain names during this phase. Please note that the Registry may modify this Policy from time to time in its sole discretion. Any modifications or amendments to this Policy shall be effective upon posting on the.bar Registry website and giving ninety (90) days prior written notice to all.bar accredited Registrars. 8.2 Landrush will run for approximately 30 days following the Quiet Period after the end of the Bar Family Names Sunrise. During this Landrush period anyone may apply for.bar domain names by application through an accredited.bar registrar. 8.3 At the end of the Landrush period, those.bar domain names with a single eligible applicant will be automatically allocated to such sole applicant. However those.bar domain names with more than one eligible applicant will proceed to a closed auction between the competing applicants. The auction will be conducted by the Registry s third party auction provider, who will conduct an auction to determine which applicant will be awarded the contested domain name. 8.4 Landrush Fees Fees that are due include: 1. Non-Refundable Application Fees 2. Landrush domain registration Fee (as determined by the Registrar) 3. Winning auction bid (in respect of a contested domain names) The renewal prices of Landrush domain names shall be the same as general availability renewal prices, as determined by the sponsoring registrar. 8.5 Registration periods during Landrush, may be from 1-10 year periods. 12

13 8.6 The Claims Period will be in effect during the entire duration of the Landrush Period. As such, an Applicant must acknowledge and accept the information contained within any Claims Notice that may be presented before processing of the Application. See the Claims Period section of these policies for more information on the Claims Period. 8.7 LANDRUSH AUCTIONS In the event that multiple applications are made for the same domain name during Landrush, these contending applications will be settled by auction to the highest bidder. The Auction shall be carried out by the Registry s third party auction provider. Any applicant may choose to withdraw their Landrush application or privately resolve the contending applications Starting bids for auctions will commence at the Landrush registration fee plus $1 USD with bid increments escalating over time. If bidders do not bid at least the Landrush registration fee plus $1 then the domain name may not be awarded. The final price must be paid prior to the allocation of the domain name. For full auction rules, procedures and terms see: The outcome of any auction shall be deemed final and binding upon the parties. A party that either loses an auction or withdraws its Landrush application shall receive a refund of the Landrush domain registration fee. However, the application fee is non-refundable. 8.8 Any name that is found on the.bar SLD block list, found at will be blocked by Registry at the conclusion of the Sunrise Period and may not be available to applicants during Landrush. 9 Quiet Period II There will be a quiet period of 1 business day at the end of Landrush and the commencement of General Availability. 10. General Availability 10.1 Upon the commencement of General Availability, available names will be allocated via.bar Accredited Registrars on a first-come first-served basis subject to Registry Policy and ICANN requirements. Please note that the Registry may modify this Policy from time to time in its sole discretion. Any modifications or amendments to this Policy shall be effective upon posting on the.bar Registry website and giving 90 days prior written notice to all.bar accredited Registrars The first ninety (90) days of the General Availability period will subject to the Claims 13

14 Notifications. As such, an applicant for a domain name must acknowledge and accept the information contained within any Claims Notice that may be presented before processing of the application for registering a domain name. See the Claims Period section of these policies for more information on the Claims Period Any name that is found on the.bar SLD block list, found at will be blocked by Registry at the conclusion of the Trademark Sunrise Period and may not be available to applicants during General Availability. 11 IP Claims Notification The Registry will send IP Claims notifications in accord with the ICANN and TMCH policies during Bar Family Names Sunrise and landrush registrations and for a further period of ninety (90) days commencing from the General Availability launch date of.bar. In the event an Applicant proceeds with a Registration Application, a notification is sent to the record holder of the TMCH entry. Such Applicant may further be deemed on notice of the intellectual property claims corresponding to the TMCH entry. 12 Dispute Policies All Registrants agree to participate in and abide by any determinations made as part the Registry s dispute resolution procedures, including: Uniform Domain Name Dispute Policy (http://www.icann.org/en/help/dndr/udrp), Uniform Rapid Suspension Policy (http://newgtlds.icann.org/en/applicants/urs), Transfer Dispute Resolution Policy (http://www.icann.org/en/help/dndr/tdrp), and Trademark Sunrise Dispute Resolution Policy (See below.) 13 Trademark Sunrise Dispute Resolution Policy This Sunrise Dispute Resolution Policy (the SDRP ) is incorporated by reference into the Registration Agreement. This SDRP is applicable to the Trademark Sunrise. This SDRP is effective as of 1 April An SDRP Complaint may be filed against a domain name registered during the.bar TLD during its sunrise period, until 31 August This SDRP describes the process and the standards that will be applied to resolve disputes in relation to an allegation that a domain name has been registered by a third party in violation of the Registry s SDRP criteria. Please note that the Registry may modify this Policy from time to time in its sole discretion. Any modifications or amendments to this Policy shall be effective upon posting on the.bar Registry website and giving 90 days prior written notice to all.bar accredited Registrars. 1. Initiating a Dispute and Internal Review 14

15 Prior to initiating a dispute under this Policy, potential complainants must submit complaints first to the Registry at: When possible, the Registry may attempt to resolve the issue internally without charge. In particular, in the case that the matter is more appropriately dealt with by the TMCH, it will advise the potential complainant accordingly. If the complaint relates to a registry process error affecting the applicable domain(s), the Registry will investigate and if upheld seek to resolve such errors internally without charge. In the event the Registry is unable to resolve the dispute, it will notify the potential complainant to submit its complaint directly to the National Arbitration Forum as outlined in this Policy. 1.1 Frivolous Complaints A complainant, complainant s counsel, or complainant s counsel s firm, that is found to be responsible for filing three or more SDRP complaints (in any TLD,.bar or otherwise) deemed to be frivolous may be barred from further use of this policy at the Registry s discretion. A frivolous complaint comes from a complainant that has habitually lodged vexatious complaints, persistently and without grounds. In denying use of this policy, the Registry or the Dispute Resolution Providers, National Arbitration Forum may consider the number of complaints lodged under this Policy or any similar third-party registry policies and paths of dispute resolution, which were resolved in favor of a respondent, or otherwise consider a pattern of abusing such policies. 2. Applicable Disputes A registered domain name in the TLD will be subject to an administrative proceeding upon submission of a complaint that a third-party Sunrise Registration was improper under one or more of the following criteria. A. Improper Sunrise Registration-Trademarks A complaint under this section shall be required to show by reasonable evidence that a registered domain name in the.bar TLD does not comply with the provisions of the Registry s Sunrise Program. The complaint must prove one or more of the following elements: i. at time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty; ii. the domain name is not identical to the mark on which the registrant based its Sunrise registration; 1 iii. the trademark registration on which the registrant based its Sunrise registration is not of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty; or iv. the trademark registration on which the domain name registrant based its Sunrise registration did not issue on or before the date specified by the Registry in its Sunrise Criteria, if one was specified. 1 For the purposes of analysis of this element, neither the gtld itself, nor the dot, shall be considered. 15

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